Local governments fear changes to open records law

As local governments lined up Wednesday against a bill restricting charges for fulfilling open records requests, the Kansas Press Association unveiled an amendment to make it more palatable.

Senate Bill 10 as it passed the Senate would make Kansas Open Records Act requests that take one hour or less for government entities to fulfill free of charge.

Amid concerns about citizens or companies gaming that system, Richard Gannon, of the press association, proposed a change that seeks to revamp the relationship between those requesting the records and those in the government agencies that hold them.

The amendment would require the two parties to meet and talk about the records requested and provide an appeals process if either side believes the other is being unreasonable.

In both cases the appeals would be submitted to the local district or county attorney.

Melissa Wangemann, of the Kansas Association of Counties, said her organization hadn’t yet seen the amendment but would be hard-pressed to support anything that requires its members to fulfill any requests for free.

Sen. Jacob LaTurner, R-Pittsburg, said he restructured the bill to allow for the free minor KORA requests based on a Kansas Department of Administration policy "that had worked well for them.”

Wangemann noted that the bill applies to all units of government and the state agency LaTurner cited is far larger than some county agencies, such as registers of deeds.

Becky Nioce, who was appointed Shawnee County's register of deeds last year, said her agency suffered a 10 percent budget cut and had to downsize from four employees to three.

“Our records are open for public inspection any time, so it’s not a matter of transparency, it’s a matter of efficiency,” Nioce said.

LaTurner began his quest last year for the open government bill that also requires minutes for all meetings subject to the Kansas Open Meetings Act. In its original form it would have capped all KORA requests at a flat rate of 25 cents per page, eliminating the broad latitude government agencies have under current law to charge those who request records for whatever "staff time" the agencies deem necessary to compile them.

Topeka Capital-Journal reporter Aly Van Dyke testified that she requested records of inspections the state Board of Cosmetology performed in Shawnee County and the board charged the newspaper $1,600 up front.

The board later refunded $1,200 when fulfilling her request took far less time than initially estimated, but Van Dyke said the initial price tag would have scared off many private citizens, who are also entitled to records under the KORA.

"Governments can't ask them to spend that kind of money on top of their taxes," Van Dyke said in written testimony. "It's unreasonable."

The House Federal and State Affairs Committee also heard from a private citizen, Jeffrey Jarman, who said he and his wife spent almost $1,000 to get records from the Maize school district as they sought to have their daughter placed in a different high school.

Jarman said the original bill didn’t include an itemization of the charges and the final bill "included 16 hours of work by an administrative assistant who produced zero pages of material."

Jarman said the school board raised its records fees after he and his wife testified for SB 10 last year.

Representatives for local governments said such incidents are the exception, not the rule, and most agencies strive for openness and transparency. Wangemann said the current KORA laws are sufficient, but local prosecutors need more funding to enforce them properly.

LaTurner said the committee may have to pass the bill over the objections of local governments that are on the defensive because of other legislative proposals.

“It's kind of a 'circle-the-wagons' mentality and all bills are bad," LaTurner said. "I think this is an exception to that rule. I’m here to represent the people, and they’re here to represent government entities trying to hold onto their money.”

Dale Goter, a lobbyist for the city of Wichita, told the committee that local elected officials "are the people" and the money they are trying to save comes from taxpayers.

“Let’s quit treating local governments like they’re some kind of alien force that’s out to hurt the public,” Goter said.

Rep. Steve Brunk, R-Wichita, chairman of the committee, told the members the bill is a policy decision that hinges on whether those who request records should bear the cost of compiling them, or if keeping the records accessible to all is a public good — like roads — and the cost should be spread among taxpayers.